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Category: Criminal Law | Date: | Hits: 78
Ripon Howlader Vs. State, 2009, 38 CLC (AD)
....the above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 715.......the above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 715...Category: Criminal Law | Date: | Hits: 81
Shadat Ali and another Vs. State, 1991, 20 CLC (HCD)
....bail bond forthwith and serve out the remaining sentence passed against him. Let the records of the case be sent down expeditiously. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 217. ......her persons who could not seen and identified in the commotion. Thus taking advantage of the death of Akram Ali, his brother, the informant P.W.2 falsely implicated these accused persons. 6. After hearing both the sides and on consideration of the materials on record, the learned Sessions Judge f..Category: Criminal Law | Date: | Hits: 73
Dulal Mia Vs. State, 1991, 20 CLC (HCD)
....r, Sylhet till disposal of the case. We also direct expeditious trial of the case. Let the records of the case be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 209.......f the seized goods on his failure to obtain bail from the Special Tribunal, moved this Court and succeeded to obtain a Rule in Criminal Miscellaneous Case No.242 of 1989 which was made absolute after hearing both the sides by a Division Bench of this Court on 20.8.1989 and he was enlarged on bail to..Category: Criminal Law | Date: | Hits: 68
ASM Abdur Rob Vs. The State, 1991, 20 CLC (HCD)
.... the merits of the case as it should prejudice the accused at the trial. The Rule is thus discharged. Communicate the order at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 205.......irman's house whereupon the petitioner Abdur Rob and Chairman Jasimuddin opened fire indiscriminately from revolvers in their hands, injured seriously two persons, her husband and one Tajul Islam. On hearing that news she along with her relations went to the polling station and after her husband and..Category: Criminal Law | Date: | Hits: 85
Faisal Mahbub Vs. Bangladesh, 1992, 21 CLC (HCD)
....Mymensingh District Jail, Mymensingh for compliance through special messenger at the costs and risk of the petitioner, as prayed for. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 168. ......g authority furnished the grounds of detention on the detenu under section 8 of the Special Powers Act, 1974 and also produce the file containing the original reports before this Court at the time of hearing. 3. The case of the petitioner is that the detenu was put in detention in pursuance of an..Category: Criminal Law | Date: | Hits: 81
Abul Hashem Master Vs. State, 1991, 20 CLC (HCD)
....der section 19A(F) of the Arms Act. He be acquitted of the charge. Let him be set at liberty if not required in any other connection. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 159. ......e house of accused appellant Abdul Hashem Master, one Rab Ali told one Jamal that accused‑appellant Hashem Master brought a pipegun from him with the intention of committing murder of Fazar Ali. On hearing that the informant arrested the accused‑appellant Hashem Master and interrogated him. Duri..Category: Criminal Law | Date: | Hits: 85
Khorshed (Md.) alias Khorshed Vs. State, 1999, 18 CLC (HCD)
....ppeal is dismissed. The judgment, order of conviction and sentence appealed against are confirmed. Send down the LC Records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 317.......This witness was recalled by the prosecution and this time he stated that he is resident of the same house where Jamila Khatun, sister of the victim Sufia used to reside. He further stated that after hearing the sound of altercation he went to the place of altercation and heard that altercation was ..Category: Criminal Law | Date: | Hits: 54
Salahuddin (Md.) & others Vs. State, 1997, 16 CLC (HCD)
.... 561A Cr.P.C. as the Code under section 265C provides for an alternative remedy. Accordingly, the application is summarily rejected. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 299.......esent one. Under section 265C Cr.P.C. on submission of charge sheet by the investigating officer the Court itself upon consideration of the record, material before it including charge sheet and after hearing the accused and the prosecution can discharge the accused persons. Therefore, we do not find..Category: Criminal Law | Date: | Hits: 83
Mojibar Vs. State, 1998, 17 CLC (HCD)
....er sections 395/397 of the Code and he may be acquitted thereof and must be set at liberty at once, if not wanted in any other case. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 507. ......d, is that, the informant P.W.4 Shamim Ahmed Haydari was sleeping with other inmates of the house in the night following 10-11-94. At about 2-00 AM he and his wife P.W.5 Majeda Akhter Banu woke up on hearing sound of breaking the grill and at the same time 7/8 unknown dacoits being armed with dagger..Category: Criminal Law | Date: | Hits: 78
Mir Shahidul Islam and others Vs. State, 1998, 17 CLC (HCD)
....ed. In the result, the Rule is discharged and the petitioners are directed to surrender to the Court below on the date i.e. 16-7-98. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 506.......d by an affidavit for adding him as a party. In reply thereto petitioner filed a supplementary affidavit. Learned Assistant Attorney-General without filing any affidavit opposes the Rule. 3. After hearing the learned Advocates and considering the materials on record we find that occurrence took p..Category: Criminal Law | Date: | Hits: 84
Ismail Vs. State, 1999, 18 CLC (HCD)
....rt is directed to allow an opportunity to the accused appellant to cross-examine the prosecution witnesses. Send down the LCRs at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 497.......records of the Sessions Court, it appears that charge was framed on 20-2-91 in the absence of the accused. No State defence was appointed before framing of charge to defend the accused at the time of hearing under section 265D of Code of Criminal Procedure. It further appears that 12-3-91 was fixed ..Category: Criminal Law | Date: | Hits: 74
Abdul Majid Mondal Vs. State and another, 1999, 18 CLC (HCD)
....ming the order of the learned Magistrate is quashed. Stay order granted by this court stands vacated. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 287.......ng receiver passed by the Magistrate a Criminal Revision being No.95 of 1996 Was taken to the learned Sessions Judge, Rangpur by the present petitioner and the learned Additional Sessions Judge after hearing the parties upheld the order of the learned Magistrate by the impugned order dated 15-6-98. ..Category: Criminal Law | Date: | Hits: 237
AKM Muhituddin Vs. State, 1999, 18 CLC (HCD)
.... substance. In view of the discussion made above the Rule is discharged. Send down the LC records at once to the court concerned. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 274.......e Act is applicable only in respect of ‘public servant’ and that the provisions of the said Act have no manner of application in respect of ‘ordinary citizen’. The court of Special Judge upon hearing the parties by the order dated 5-6-1990 rejected petitioner’s prayer for discharging him f..Category: Criminal Law | Date: | Hits: 62
State Vs. Tota Mia, 1997, 16 CLC (HCD)
....their respective bail bond. Conviction and sentence passed against absconding convict Md. Badruzzaman alias Chand Mia are set aside. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 244.......f P.W.3 was the nearest shop from the place of occurrence at a distance of about twenty yards. So P.W.3 was the natural and not a chance witness as submitted by Mr. Khan. 14. P.W.3 deposed that on hearing cries from a distance of twenty cubits he proceeded and found injured Selim who grasped him ..Category: Criminal Law | Date: | Hits: 74
Rezaul Karim (Md.) Vs. State, 2002, 31 CLC (HCD)
....t liberty forthwith if not wanted in connection with another case. Send down the LC record with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 382. ......t liberty forthwith if not wanted in connection with another case. Send down the LC record with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 382. ..Category: Criminal Law | Date: | Hits: 71
State Vs. Deputy Commissioner, Satkhira and others, 1992, 21 CLC (HCD)
....y of its departments or organisations in order to mitigate his sufferings and compensate his loss to some extent. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 643. ......e was heard in part and the learned Deputy Attorney‑General prayed for some time to file an affidavit in this matter and on such prayer the case was adjourned. On 01.12.92 the case was taken up for hearing and the learned Deputy Attorney-General, Mr. M Shamsul Alam, filed an affidavit on behalf ..Category: Criminal Law | Date: | Hits: 97
Shahidullah and others Vs. State, 1991, 20 CLC (HCD)
....he Drug Court within 15 days from the date of receipt of the records by that Court from this Court. Send down the records at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 640. ......ted class of officers and special Courts have been set up for the purpose and the case can only be tried by a Drug Court so constituted. 9. Thus after considering the materials on record and after hearing the learned Advocates of both the sides. I hold that the prosecution of the appellants befor..Category: Criminal Law | Date: | Hits: 60
AKM Mukhlesur Rahman Vs. State, 1991, 20 CLC (HCD)
....lled against him and he is acquitted of same. He is discharged from his bail bond. Let the lower Court records be sent down at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 626.......s. But suspicion however strong cannot be the basis of any conviction in a criminal case. That is the settled proposition of law. 24. Thus, after consideration of the materials on record and after hearing the learned Advocates of both the sides, I hold that the prosecution failed to prove the cha..Category: Criminal Law | Date: | Hits: 90
Kazi Kamrul and others Vs. State, 2011, 40 CLC (AD)
....the High Court Division. The contentions raised by the learned counsel merit no consideration. The petition is, therefore, dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 529. ......ection to deduct the period in custody in the mean time. The accused-respondent being aggrieved by the said judgment and order of conviction preferred an appeal in the High Court Division, which upon hearing allowed in part and set aside the fine imposed upon the accused respondents. The High Cour..Category: Criminal Law | Date: | Hits: 64